Opinion
No. 1-831 / 00-1923.
Filed April 10, 2002.
Appeal from the Iowa District Court forPolk County, CAROL EGLY, District Associate Judge.
Paris Rogers appeals his conviction for operating while intoxicated. AFFIRMED.
James Cook, West Des Moines, for appellant.
Thomas J. Miller, Attorney General, Jean Pettinger, Assistant Attorney General, John Sarcone, County Attorney, and Michelle Chenoweth, Assistant County Attorney, for appellee.
Considered by HUITINK, P.J., and ZIMMER and VAITHESWARAN, JJ.
Paris Rogers appeals from the judgment and sentence entered upon his conviction of operating while intoxicated, in violation of Iowa Code section 321J.2 (1997). Rogers contends the district court erred in denying his motion to suppress inculpatory evidence obtained subsequent to the stop of his vehicle. In particular, he claims a 911 call from Sandy's OK Coral reporting that a customer was attempting to leave the bar without paying his bill and a subsequent call stating that said customer was driving northbound on Northwest Sixth Drive in a maroon Ford pickup truck, which had the words "Fiber Logic" written on the side and out-of-state license plates, did not provide sufficient indicia of reliability to provide reasonable suspicion to justify the stop.
Under the totality of the circumstances, we find there was sufficient evidence of the informant's reliability to support the stop. See Florida v. J.L., 529 U.S. 266, 269, 120 S.Ct. 1375, 1378, 146 L.Ed.2d 254, 260 (2000) (anonymous citizen informant tip must contain sufficient indicia of reliability to provide basis for probable cause); State v. Markus, 478 N.W.2d 405, 408 (Iowa Ct.App. 1991) (common sense analysis of the totality of the circumstances applied to assess reliability of information from citizen informant). The informant's presence at Sandy's OK Corral and accuracy in predicting the vehicle's location support a conclusion the caller had personally observed the defendant, bolstering the caller's reliability. See Illinois v. Gates, 462 U.S. 213, 244, 103 S.Ct. 2317, 2335, 76 L.Ed.2d 527, 552 (1983) (citizen informant who is "shown to be right about some things, . . . is more probably also right about other facts," including the claim that the object of the tip is engaged in criminal activity); State v. Walshire, 634 N.W.2d 625, 628-29 (Iowa 2001) (caller's stated personal observation of crime and subsequent verification of caller's description of defendant's vehicle, its license number, and general location provided sufficient reliability for stop of defendant's vehicle); Markus, 478 N.W.2d at 408-09 (reliability of citizen informant shown by the very nature of the circumstances under which the incriminating actions became known). Under these circumstances, we find the police officer had reasonable cause to stop Rogers' vehicle and affirm the denial of the motion to suppress.
AFFIRMED.